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2025 DAILYLAW 41343 (KAR)

M/S. CHAMPAKA DISTRIBUTORS v. KARNATAKA INDUSTRIAL AREAS

WP/34959/2016 · 2025-10-17

E S Indiresh

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41395 WP NO.34959 OF 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.34959 OF 2016 (GM-KIADB) BETWEEN: 1. M/S. CHAMPAKA DISTRIBUTORS A PROPRIETARY CONCERN, REP. BY ITS PROPRIETRIX, SMT. SHRUTI SAMPATH W/O S. SAMPATH KUMAR, AGED ABOUT 29 YEARS. 2. M/S SRI. MARUTHI ENTERPRISES A PROPRIETARY CONCERN, REP. BY ITS PROPRIETOR. SRI. S. SAMPATH KUMAR S/O SHAMANNA, AGED ABOUT 38 YEARS. BOTH ARE RESIDING AT: NO.4, BHIMENAHALLI, VIA EAGLETON GOLF RESORT, SHYANUMANGALA CROSS, OPPOSITE B.M.ROAD, BIDADI HOBLI, RAMANAGAR TALUK - 562 109. …PETITIONERS (BY SRI. RAJESWARA P.N., ADVOCATE) AND: 1. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.49, KHANIJA BHAVAN, 4TH FLOOR, EAST WING, RACE COURSE ROAD, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41395 WP NO.34959 OF 2016 BENGALURU - 560 001. REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER. 2. M/S SHANKAR INDUSTRIES SANTHEPETE, ARSIKERE - 573 103. REP. BY ITS PROPRIETOR, SRI. K.R. NAGENDRA. 3. M/S. SANJANA FRP & ALLIED PRODUCTS NO.1531, 2ND CROSS, 1ST BLOCK SRI. M. VISHWESHWARAIAH LAYOUT BENGALURU - 560 056. PROPRIETOR, SMT. T. MEERA DEVI W/O J. BALASUBRAMANYAM AGED ABOUT 46 YEARS. …RESPONDENTS (BY SRI. P.V. CHANDRASHEKAR FOR R1; SMT. SHAGUN BAID, ADVOCATE FOR SRI. AJAY J. NANDALIKE, ADVOCATE FOR R2; SRI. H. MOHAN KUMAR, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.1 TO ALLOT INDUSTRIAL PLOT MEASURING 2 ACRES IN SURVEY NO.197 OF SHYANUMANGALA VILLAGE, BIDADI HOBLI BY CONSIDERING THE REPRESENTATIONS OF THE PETITIONER NO.1 DATED 19TH JUNE, 2012 AND 27TH AUGUST, 2014 VIDE ANNEXURES 'A' AND 'AA'; DIRECT THE RESPONDENT NO.1 TO ALLOT INDUSTRIAL PLOT MEASURING 2 ACRES IN SURVEY NO.83 OF SHYANUMANGALA VILLAGE, BIDADI HOBLI BY CONSIDERING THE REPRESENTATIONS OF THE PETITIONER NO.2 DATED 19TH JUNE, 2012 AND 27TH AUGUST, 2014 VIDE ANNEXURES 'C' AND 'AB'; AND ETC. - 3 - HC-KAR NC: 2025:KHC:41395 WP NO.34959 OF 2016 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, petitioners are seeking direction to the respondent No.1 to consider the representations dated 19th June, 2012 (Annexure-A) and 27th August, 2014 (Annexure-AA) filed by the petitioner No.1, seeking allotment of Industrial Plot measuring 2 acres in Survey No.197 of Shyanumangala Village, Bidadi Hobli, Ramanagara Taluk and representations dated 19th June, 2012 (Annexure-C) and 27th August, 2014 (Annexure- AB) filed by the petitioner No.2, seeking allotment of Industrial Plot measuring 2 acres in Survey No.83 of Shyanumangala Village, Bidadi Hobli, Ramanagara Taluk. 2. It is the case of the petitioners that the land in question being acquired by the respondent No.1-KIADB belongs to the petitioners and the portion of the land is in possession of the petitioners. In this regard, petitioners have addressed representations to the respondent No.1, seeking allotment of vacant land which is pending consideration before the Karnataka Industrial Areas Development Board for long time. - 4 - HC-KAR NC: 2025:KHC:41395 WP NO.34959 OF 2016 3. Heard Sri. Rajeshwara P.N., learned counsel appearing for petitioners; Sri. P.V. Chandrashekar, learned counsel appearing for the respondent No.1; Smt. Shagun Baid, learned counsel on behalf of Sri. Ajay J. Nandalike, appearing for the respondent No.2 and Sri. H. Mohan Kumar, learned counsel appearing for the respondent No.3. 4. Having taken note of the submission made by learned counsel appearing for the parties, I am of the view that the respondent No.1-KIADB being an instrumentality under Article 12 of the Constitution of India shall consider the representation filed by the petitioners in accordance with law. Therefore, without expressing any opinion on merits of the case, the respondent No.1 is directed to consider the representations of the petitioner No.1 dated 19th June, 2012 (Annexure-A) and 27th August, 2014 (Annexure-AA) and representations of the petitioner No.2 dated 19th June, 2012 (Annexure-C) and 27th August, 2014 (Annexure-AB) within an outer limit of two months from the date of receipt of this order. 5. It is made clear that, in the event, if the property which is being claimed by the petitioners in the present petition - 5 - HC-KAR NC: 2025:KHC:41395 WP NO.34959 OF 2016 is not allotted to anyone, the same shall remain as it is, till the consideration of the representations of the petitioners by the respondent No.1. With this observation, writ petition stands disposed of. 6. In view of disposal of the writ petition, all pending applications stands disposed of. Sd/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 5